Question to the Minister of Justice

Minister's Answer

Further to the consultation in 2021 on this issue, my Department has been considering the detail of the provision that would be needed to introduce a new statutory requirement for court approval of all minor settlements. This has highlighted a number of complex legal and practical issues, including upon whom any duty to seek court approval should be placed, how such a duty could be enforced and the consequences of non-compliance.

My Department is currently considering whether there is a legislative solution, which is feasible and proportionate, having regard also to the existing position, under the common law, that a settlement for a child which is not approved by a court is not binding and final. If any legislative provision is appropriate, it is my intention that, subject to Justice Committee and Executive agreement, this could be facilitated by way of inclusion in the mixed-content Modernisation of Justice Bill, which is one of my legislative priorities in this mandate.